Government and public law

We advise the public sector on its most significant commercial activities. Clients benefit from our commercial expertise, together with our deep-seated knowledge of how the public sector operates.

We have acted on major procurement and contracting projects for public sector entities in the transport, health, education, defence, housing, corrections and services sectors on both regulatory and contractual matters. When advising clients on procurement matters, we draw on our extensive experience to give boards and management of Crown agencies, and department officials, confidence as to the most practical and appropriate way to manage process and probity issues. Our procurement experience includes advising The Treasury on the model contract developed for public private partnerships (PPP) in New Zealand, and acting on the Crown side of all subsequent PPP projects.

We also provide commercial and public law advice to a wide range of clients in the public sector. This includes advice relating to governance, financial powers and public accountability, policy development and decision-making processes. Our approach is to provide clients with results-oriented legal advice that withstands the toughest scrutiny, and our team of specialists work together closely to minimise the risk of successful challenges by way of judicial review or any other challenge.

We have expertise in policy development and legislative drafting. We drafted legislative provisions and advised departments during the passage of legislation to implement New Zealand's emissions trading scheme, changes to social, emergency and public housing, and were involved in advising on legislation and the legislative process for the mixed ownership model process. We also advised on the establishment, initial operation and governance of a number of entities including Housing and Urban Development, Crown Infrastructure Partners, Crown Fibre Holdings, PHARMAC, New Zealand Trade and Enterprise, District Health Boards and the Energy Efficiency and Conservation Authority.

We act for clients in public law litigation and significant inquiries and investigations. We have also acted for a number of public sector clients addressing compliance with privacy law in their organisations and dealing with breaches.

Our deep understanding of the public sector also enables us to assist clients who are interacting with the Government. We advise a number of clients on the management of significant regulatory, legislative and policy issues, including those relating to international obligations, and regularly represent our clients' interests when it comes to reform and in engagement with regulatory bodies. We have prepared submissions on a wide range of law reform matters in connection with primary, secondary and tertiary law reform.

Work highlights

Government response to COVID-19
Advised The New Zealand Government Vaccine Strategy Task Force, working with officials from MBIE, MFAT, the Health Ministry, PHARMAC and The Treasury, and leading the negotiations with the COVAX global facility and multiple multi-national pharmaceutical companies to secure advance purchase agreements for COVID-19 vaccinations for New Zealand, Niue, Tokelau and the Cook Islands.

Te Pūkenga – New Zealand Institute of Skills and Technology
Advised on the establishment of Te Pūkenga – New Zealand Institute of Skills and Technology, creating New Zealand’s largest tertiary education provider and bringing together 16 Institutes of Technology and Polytechnics to become a subsidiary network of tertiary education providers, as part of the Government’s Reform of Vocational Education (RoVE) proposals. This was one of the most significant public sector reforms of the past 20 years.

Public private partnerships (PPPs)
Advised the National Infrastructure Unit and The Treasury in connection with the proposed model form of project agreement for PPPs. Bell Gully has acted for the Crown on all eight PPP projects to date, advising Waka Kotahi New Zealand Transport Agency, the Ministry of Education and the Department of Corrections on PPP projects for the procurement of roads, schools and prisons.

Crown Infrastructure Partners
Advised Crown Infrastructure Partners on the development of its commercial and legal model for the provision of bulk infrastructure to support housing development.

Ministry of Housing and Urban Development
Advised the Ministry of Housing and Urban Development on the successful western Porirua public housing partnership signed with Ngāti Toa.

Ultra-fast broadband
Advised Crown Infrastructure Partners (formerly Crown Fibre Holdings) on the New Zealand Government's ultra-fast broadband, rural broadband and mobile blackspots initiatives as well as the Next Generation Critical Communications project, Marae Connectivity Programme and Chatham Islands short term backhaul project.

DHB Shared Services procurement
Advising DHB Shared Services (which acts on behalf of all 20 DHBs) in relation to the procurement of community pharmacy services across the country. This has included advising on the new contractual arrangements introduced to drive a more patient-centric approach to the provision of community pharmacy services in New Zealand.

Laboratory services procurements
Advising Capital and Coast DHB (CCDHB) on the collective procurement by CCDHB, Hutt Valley DHB and Wairarapa DHB of laboratory services for the wider Wellington region. This involved a major service change as a result of the full outsourcing of hospital laboratory services, together with community laboratory services, to a single private sector provider.
Advising Southern DHB and Nelson Marlborough DHB on a long-term arrangement to outsource all community and hospital laboratory diagnostic testing in their combined regions.

PHARMAC establishment and operations
Legal advisers to PHARMAC since its establishment, including advising on public law obligations in funding pharmaceuticals, developing contract templates and tender documentation for the supply of medicines and medical devices to PHARMAC, and acting in litigation to which PHARMAC is a party, including judicial review proceedings, mediations, and complaints made to the Ombudsman.

Ministry of Defence procurement
Advised the Ministry of Defence on infrastructure and equipment procurement projects, advising on the Fixed High Frequency Radio Refresh (FHFRR) Project to upgrade and consolidate the New Zealand Defence Force’s New Zealand-based fixed high frequency radio infrastructure and on the infrastructure component of the Air Surveillance Maritime Patrol (ASMP) Project.

Wellington City Council
Advising Wellington City Council on a number of civic projects, including the Convention and Exhibition Centre, seismic strengthening and redevelopment of the Wellington Town Hall and creation of the Civic Music Hub, and the revitalisation of Civic Square Precinct.

Kāinga Ora – Homes and Communities
Acting for Kāinga Ora – Homes and Communities in judicial review proceedings relating to the Wakatū litigation regarding the Crown's fiduciary obligations to Māori in the top of the South Island.

A client who says, "I have experience of working with a number of firms, and for me, Bell Gully stands out as exceptional," goes on to observe: "They have a particularly deep understanding of the public sector, its realities and constraints, and their clients' operating environments, and give very practical advice without compromising its intensity or rigour."
Chambers Asia Pacific 2022 - Band 1